Estate Planning by Sitcom: Lessons from Fisk on Lawyer Ethics and Inheritance

Estate Planning by Sitcom: Lessons from Fisk on Lawyer Ethics and Inheritance

By Melinda Gustafson Gervasi

November 28, 2025

Season Three, Episode Two of Fisk jumps right into the depths of estate plan with Helen rapid-fire questioning a woman who has come in to change her will:

Helen: Did your husband die?

Client: No.

Helen: Is your husband dying?

Client: No.

Helen: Lost capacity?

Client: No.

Helen: Making bad choices?

Client: No

Helen: Are you planning to leave your husband?

Client: No

Helen: Is your husband planning to leave you?

Client: No.  You are obsessed with my husband!!!

Helen: No, I am trying to establish why you want to re-do your will.

Client: Stefan thought it would be a good idea!

Helen: Stefan is your husband?

Client: No. He’s my financial advisor.

Helen: Ohhhhhhhh

And there you have a perfect example of clients responding to the nudges and encouragement people in their inner circle offer when it comes to estate planning.  Unfortunately, in this episode the financial planner aims to send Helen any and all clients, regardless of whether they really need legal counsel.  And in exchange he wants any and all clients from Helen.

Here in my home state of Wisconsin attorneys must adhere to a code of ethics, one drafted and monitored by our State Supreme Court.  Under Chapter 20 (Rules of Professional Conduct) attorneys are prohibited from making non-legal referrals from which they will benefit financially. While the set-up of this episode generates good laughs, it is not an accurate portrayal of how I operated my legal practice.   There is no quid pro quo at my office. Use caution when professionals are giving you a hard sell to work with another professional; sometimes their own financial benefit eclipses what is in your best interest.

Episode 2 continues down a humorous path where Helen’s dad decides to update his will to include Viktor.  However, doing so causes Helen concern.  What if her dad dies, everything goes to Viktor and then Helen inherits nothing?  The Judge (aka Helen’s dad) has an elegant and simple legal fix - Viktor will adopt Helen.  While creative, this underscores the danger of taking any legal advice from a television show, let alone one from a different country.  Here in the US people have “testamentary freedom” – for the most part, they are not required to include certain people in a will.  That means a parent can choose to cut a child out of a will.  Blended relationships, with children from outside the relationship, quickly become complicated.  Estate planning laws vary from state to state in the US.  Always check in with an attorney for advice on how to best accomplish your goals of passing your estate at death. 

Fisk, Season 3, Episode 2 - Burning Up

Thanks for reading!  Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal advice from a licensed attorney in your home state for counsel on your specific situation.

Hypothetically Speaking: IOUs, Lawnmowers, and Professional Boundaries in Fisk, Season 3

Hypothetically Speaking: IOUs, Lawnmowers, and Professional Boundaries in Fisk, Season 3

By Melinda Gustafson Gervasi

November 21, 2025

Six Fridays remain in 2025!  We’ll close out the year here on Navigator with a weekly post about the lessons learned from the Australian comedy Fisk.  Entering its third season, the show puts a hysterical spin on the issues related to practicing estate planning and probate law.  While the show is set in Melbourne, Australia – with its own set of laws – it provides great fodder for exploring the law that affects us all.

In Season 3 Helen is finally a partner in the small law office of Gruber & Fisk.  Partnership may allow her to install a barista-grade coffee machine in the breakroom, but it also means she needs to start bringing in clients.  Fans of the show know that Helen’s communication style may make this new job function quite challenging.  She is blunt, quirky and prone to interrogation.  

Quickly Helen learns that clients often pop out of no where.  Arriving home one evening her neighbor asks if he can give her a hypothetical.  She quickly points out that she cannot give specific legal advice to someone who is not a client.  Unwillingly to pay for her advice, the neighbor does his best to pump Helen for information on whether he needs to pay IOUs made by his recently deceased father to a lawn service.   Taking a twist only allowed in fiction TV series (and movies), Helen finds herself helping the recipient of the IOUs – a highly energetic tween who loves mowing lawns.  This episode leaves the viewer with two important lessons:

One, a lawyer should not give specific advice to anyone unless that person has retained them to be their lawyer.  General advice is fine, but nothing specific.  

Two, in a probate one role of the Personal Representative (commonly called an Executor in our jurisdictions) is to evaluate claims against the estate and use funds of the estate to satisfy valid claims. 

Tune in next week for more lessons learned from Helen and the gang at Gruber and Fisk.  Note, a blog is not meant to be legal advice.  Rather it is meant to spark thought and reflection.  Always seek legal counsel from an attorney in our home state.  

Upset With the World? The Middle Class Philanthropist Has Your Answer on National Philanthropy Day

Upset With the World? The Middle Class Philanthropist Has Your Answer on National Philanthropy Day

By Melinda Gustafson Gervasi

November 14, 2025

November 15th marks National Philanthropy Day, a time when we celebrate the incredible generosity that fuels countless charitable missions across the globe. President Ronald Reagan officially proclaimed the first National Philanthropy Day on November 15, 1986, with the signing of Proclamation 5571. The proclamation followed a joint resolution passed by Congress and was intended to recognize the enormous achievements of the millions of Americans engaged in charitable giving and volunteerism. Reagan emphasized the literal meaning of philanthropy—"affection for mankind"—and celebrated the American tradition of voluntarism as one of the country's greatest strengths.

As our nation prepares to celebrate another National Philanthropy Day this weekend, it is impossible not to acknowledge a deep sense of frustration many of people feel about the current state of the world—whether it’s political gridlock, social unrest, or economic uncertainty. It’s easy to feel powerless and anxious when the issues feel too big and complex for any single person to influence. If you are discouraged by the constant stream of negative news, consider that proactive planning is a powerful antidote to anxiety.

In a world that often feels out of control, your estate plan is the one area where you have absolute authority. When you dedicate a portion of your estate—even a small percentage—to a cause you believe in, you are not just writing a future check. You are legally and definitively stating: "This is what I value. This is what I want to sustain." Transform your frustration into positive, future-oriented action. By integrating charitable giving into your Will or Trust, you ensure that even when you are gone, your life’s earnings continue to support the values you couldn’t fully fund in the present. You are building a permanent counter-narrative to the negative headlines.

I am aware that when most people hear the word "philanthropy," they picture the ultra-wealthy—the foundations, the big names on university buildings or urban concert venues. This perception is exactly what I sought to change back in 2013 when I self-published the small book, Middle Class Philanthropist: How Anyone Can Leave a Legacy.  The core premise of the book remains vital today: legacy giving is not a luxury; it is an accessible choice.

Philanthropy simply means "the desire to promote the welfare of others." From a legal perspective, achieving this through a legacy gift means including a charity in your estate plan. This could be:

• Decluttering your home during life and donating the unneeded items to a nonprofit's thrift store;
• Designating a nonprofit organization to receive gifts in lieu of flowers at a funeral or memorial service;
• Leaving a percentage of your retirement account or life insurance to your favorite nonprofit organization;
• Establishing a donor-advised fund (DAF) that is funded upon your death; or
• Writing into your will or trust a directive to give a certain percentage of your estate to a cause that you hold dear.

Every amount, no matter the size, represents a significant final vote of confidence in the causes you care about. This November 15th, do not let frustration define you. Let your legacy define the future. If you have already created a will or trust, use this National Philanthropy Day as a prompt to pull out those documents. Does your current plan still reflect your values and, specifically, include the causes you want to champion?  If you have not yet created an estate plan, consider the immense satisfaction and peace of mind that comes from knowing you have formalized your final wishes.

Decluttering outdated school supplies - a great donation
to the Dane County Humane Society Thrift Store

Thank you for reading.  If you enjoyed this post, consider sharing it on your favorite social media platform.  Keep in mind that a blog is not legal advice; it is meant to spark thought and reflection.  Reach out the an attorney in your home state for counsel specific to your organization.  Be well!

Stop the Fights Before They Start: Planning for 7 Sentimental Thanksgiving Heirlooms

Stop the Fights Before They Start: Planning for 7 Sentimental Thanksgiving Heirlooms

By Melinda Gustafson Gervasi

November 7, 2025

November winds will blow in cold weather this weekend; flurries are possible here in Madison on Sunday. As the temperatures drop, my attention at home has turned to mapping out plans for our family’s Thanksgiving holiday. The big day will be here in a blink of an eye.  For those of us who put thought, care and planning into this annual meal, I encourage you to build in some extra time to think about the bigger Thanksgiving picture.

While large financial assets are covered in a will or trust, small tangible personal property—like holiday heirlooms—often goes unaddressed. These items, despite low monetary value, often cause the most intense family disputes.  Grief can surface in unpredictable ways, do your best to prevent family fights over your tangible possessions and make a plan for the long run.  Specifically consider the following items that may have special meaning for your loved ones at Thanksgiving (or other holidays and celebrations):

1. The Dinner Table (or the Leaf Set):  Perhaps it is marked and stained from the toddler years, the actual table you gather around may hold immense emotional value to your loved ones. 

2. The Traditional Linens (Tablecloth and Napkins): Perhaps they were gifted to you at your wedding, purchased while traveling abroad, or a fantastic find at a thrift shop, tablecloths, runners, napkins and other linens are often associated with special holidays and family traditions. 

3. The Special Serving Dishes and Plates: Many people may think about an antique gravy boat, the ceremonial turkey platter, or specific set of china used once a year.  Personally, my great-grandmother’s collection of unique salt and pepper shakers comes to mind.  These may be things you overlook, but through the eyes of a child they can serve as a connection to the older generations in a family tree.

4. The Handwritten Recipes and Cookbooks: Faded to the point I can hardly read it anymore, I treasure my mom’s recipe card for Cinnamon Moons.  While she passed away in 2014, this index card joins me every year during the holiday season.  Consider how fragile these handwritten recipes will become and consider updating them or putting them in digital format. 

5. The Cooking Utensils (Rolling Pin or Pie Dish): Perhaps it is the rolling pin that belonged to your grandmother or the mixing dish used by your grandfather or, like in my house, my mom’s collection of cookie cutters – these are all family heirlooms that may have little to no monetary value, but hold a large amount of sentimental value. 

6. The Traditional Holiday Apron: A simple piece of cloth, often stained but associated with the warmth and work of the cook/host, it can symbolize the passing of the torch.  Consider who in your circle of family and friends shares your love of cooking. 

7. The Sentimental Decorations (e.g., Centerpieces): Think beyond the generic Fall decor you may pull out this time of year, and consider if there is anything particularly unique.  In our house I would nominate my Fall Gnome collection.  Both kids know how I love a “good gnome” and they are a nod to my Scandinavian heritage. 

Many state statutes allow you to create a separate inventory form to dispose of your personal tangible property.  Rather than listing these items in your will, your will references this inventory form.  It is often a simple and flexible tool to direct precious items to your loved ones.  Don't let your Thanksgiving traditions become the source of conflict. Take control today and put together a plan to keep the love flowing during the holidays for decades to come. 

Prior to The Big Meal our family completes a Thanksgiving 5K -- it's tradition!

Thank you for reading.  Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal counsel from an attorney licensed in your state of residence for guidance specific to your situation. If you found this post helpful, consider sharing it on your favorite social media platform.  Be well, and enjoy the holidays!

Don't Let Intestacy Turn Your Home Into a House of Horrors

Don't Let Intestacy Turn Your Home Into a House of Horrors

By Melinda Gustafson Gervasi

October 31, 2025

October ends with chilly nights, colorful costumes, and plentiful jump scares. But what truly sends a shiver down this attorney's spine is not a cackling witch or shadows in the night—it is the loss of control that happens far too often in the lives of my clients and their families.

When the unexpected happens—a debilitating illness or a sudden death—chaos engulfs a family. Wishes and good intentions become irrelevant. Instead, state statutes spring into action, seizing a person’s ability to control who is in charge and where assets will go.

Estate planning boils down to control. If you do not draft your own estate plan, one likely exists for you, embedded in state statutes, written by your legislature. Chances are you will not agree with it entirely. The state’s statutory distribution plan often ignores your unmarried life partner, beloved stepchildren, or the charity you hold dear, as it exclusively favors blood relatives.

Learn from the chilling tale of Carl and Sharon, and understand how quickly a beloved home can turn into a House of Horrors.  Partnered for 30 years, Carl and Sharon spent a life together renovating a Victorian Gothic . Carl had purchased the home a few years before meeting Sharon, and over three decades they shared the financial burden of the renovations, creating countless happy memories along the way. Never married, and never becoming parents, the couple never formalized their relationship or the shared investment in the property. Neither of them completed a will or other legal document to direct the property to Sharon upon Carl’s death. While it was always on their to-do list, it never got crossed off.

Sadly, one rainy night in November, a drunk driver crossed the center line, slamming into Carl’s trusty Honda. Carl was pronounced dead at the scene of the accident. Sharon was blindsided by Carl’s sudden death, but she was also grieving while realizing she had no legal right to stay in the home they had shared for 30 years.

Under State Statutes, Carl’s surviving brother Robert, his closest living relative, became the sole legal heir to his estate. Robert and Carl were estranged since leaving their childhood home. Yet, under the law, Robert would inherit Carl’s house and other probate assets (assets with no co-owner or named beneficiary). Robert, in desperate need of the sudden windfall Carl’s death had provided, quickly took action to claim what the law stated was his. Sharon, who had invested 30 years of her life in that home, was left realizing she had no legal right to stay. The lack of an estate plan turned their beloved house into a house of horrors.

Halloween and jump scares are fun because we know they aren't real. Carl and Sharon’s story, however, illustrates a true horror—one that is entirely preventable.  Estate planning, including powers of attorney, a will, and proper beneficiary reviews, is the silver bullet against legal chaos. These documents allow you to control who inherits and who makes decisions on your behalf if you become incapacitated. When you fail to take action, your state statutes will speak for you, often creating profound hardship for the people you love most but are not legally bound to.

A classic from my childhood -- something Halloween that doesn't cause me a scare

Thank you for reading.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney in your state for advice specific to your situation.  If you enjoy this post, consider sharing it on your favorite social media platform.  You can also enter your email, upper right, and receive notice when new posts go live.  Be well!

 

Apollo's Lesson: What The Film, The Friend, Teaches Us About Pet Trusts

Apollo's Lesson: What The Film, The Friend, Teaches Us About Pet Trusts

By Melinda Gustafson Gervasi

October 24, 2025

Times change, even at libraries. NPR recently ran the story 7 surprising ways the public library can save you money.  Long a fan of my public library, my current library card use centers around borrowing DVDs.  It’s a frugal and practical way to watch films that always seem to leave theaters before I get around to buying a ticket.  A recent library loan was the 2025 film, The Friend.  

Based on the novel by Sigrid Nunez, the movie centers on Iris (played by Naomi Watts), a writer living a solitary life in a small, rent-controlled New York apartment. Her comfortable existence is thrown into chaos when her closest friend and mentor, Walter (played by Bill Murray), dies suddenly by suicide and, leaving behind Apollo, his beloved 150-pound Great Dane. Without any legal plan in play for his companion, Apollo finds his way to Iris’ apartment, which does not allow pets.  The film explores the challenges of mourning the loss of a close friend at the same time as attempting to care for their beloved pet.  

Caring for the pet of someone who has passed away is a topic I’ve written about over the years.  Long ago I faced the challenge of re-homing The Boys, my mom’s two senior cats who needed a new home following her prolonged illness and death.  Over a decade later I still recall the feeling in my stomach as person after person said “I wish I could, but I cannot afford their monthly medications”.  Impacted by this experience, I have made certain our four cats have a pet trust should my husband and I pass away.  A cat who comes with financial support, even a little, is far easier to re-home than one that has nothing but a list of monthly expenses. My commitment to planning for our furry family members was reinforced while watching The Friend.  With a simple will and a few extra paragraphs, Apollo’s path to a new home may have been far easier.

A pet trust is a vehicle that holds both your pet(s) – technically they are your property – as well as some money you determine in your will.  The document names a primary and secondary caretaker of your animals as well as a primary and secondary trustee.  A trustee handles the administrative matters for the trust: paying bills, investing the money, and filing tax returns are a few examples. Funds inside the trust can pay for medications, medical care, food, grooming, and end of life care. When the last of the animals passes away, the remaining funds can be distributed.  Many clients name the caretaker or a nonprofit focused on animal welfare and rescue. 

Pet trusts may sound overly complicated or too sophisticated for your needs.  When should you consider setting up a pet trust?  Here are a situations that I think warrant a discussion of whether or not this tool belongs in your estate plan:

• When a Pet Has Special Needs or Expensive Care: If your pet requires ongoing prescription medication, frequent veterinary care for a chronic condition, a highly specific diet, or expensive specialized training, a trust ensures the necessary funds are legally dedicated to maintaining that high standard of care. 
• For Long-Lived or Exotic Animals: Pets with exceptionally long lifespans, such as parrots, horses, or certain turtles, may easily outlive any initially appointed caregiver. A pet trust provides a structure for multiple successor caregivers and ensures financial resources are available for several decades of care. 
• For Owners of a Hobby Farm or Multiple Animals: A single pet trust can manage the care for a large group of animals, such as horses, goats, or chickens, which are typically expensive to maintain and relocate. The trust can detail specific instructions for their feed, farrier and veterinary schedules, or even direct their placement to a suitable animal sanctuary, ensuring all farm animals are protected. 
• When the Designated Caregiver Faces Financial Hardship: If your preferred caregiver is willing but would struggle to afford the pet's upkeep (especially in the case of large, older, or special-needs pets), a funded pet trust removes the financial burden, legally enabling them to provide the best care without sacrificing their own financial stability.

Tiberius, the youngest of our 4 cats.  He joined the family two years ago.

Thanks for reading.  A blog is meant to spark thought and reflection, it is not legal advice.  Please consult an attorney in your home state for advice specific to your situation.  Never miss a new post!  Enter your email (upper right of this page) and receive a message when a new post publishes.

Make The Right Choice: 5 Traits of a Fiscally Responsible Personal Representative

Make The Right Choice: 5 Traits of a Fiscally Responsible Personal Representative

By Melinda Gustafson Gervasi

October 17, 2025

Image by M. Gustafson Gervasi 2025

Choosing a Personal Representative (also known as an Executor in other states) is one of the most critical decisions you'll make when drafting your will. This person will step into your shoes, manage your finances, and settle your affairs after you're gone.

This role is not a ceremonial title; it's a serious legal and financial responsibility. A poor choice can lead to family disputes, unnecessary expenses, and months—or even years—of probate headaches. When selecting your representative, look for these five non-negotiable traits that define fiscal responsibility.

1. Strong Organizational and Record-Keeping Skills 

This is the most fundamental trait. A personal representative is essentially the temporary financial manager of an estate, and their success hinges on their ability to organize. This is not a "shoebox of receipts" job; it's a meticulous accounting task.

They must be able to:

• Create and Maintain a Comprehensive Inventory: This includes cataloging all assets (e.g., bank accounts, real estate, investments, personal property) and liabilities (e.g., debts, bills, taxes).
• Keep Meticulous Records: They must track every dollar of income (e.g., dividends, rental income) and every expense (e.g., funeral costs, legal fees, property taxes). They must be able to produce a clear, auditable accounting for the court and beneficiaries.
• Establish a Separate Estate Account: The cardinal rule is no commingling of funds. Establishing a separate estate bank account is essential to prevent mixing personal funds with estate funds, a significant "no-no" that can lead to personal liability.

2. Financial Acumen and Sound Judgment

Your personal representative doesn't need to be a Certified Public Accountant (CPA), but they should possess a basic understanding of financial concepts and, more importantly, sound judgment.

A fiscally responsible representative knows how to:

• Manage the Estate Budget: They must understand how to budget and manage cash flow to ensure there are enough liquid funds to cover all necessary estate expenses.
• Recognize the Need for Professional Help: A savvy representative knows their role is to oversee the process, not to be an expert in every area. They're quick to seek assistance from an attorney, CPA, or financial advisor when necessary.
• Make Prudent Decisions: This includes making well-informed choices about liquidating assets, managing investments, and paying debts. For example, they need to know the proper order for paying off creditors to avoid the estate (and themselves) incurring personal liability for missteps.

3. Impeccable Integrity and Honesty

A personal representative is a fiduciary, meaning they have a legal duty to act in the absolute best interest of the estate and its beneficiaries, even if it conflicts with their own interests. This relationship is built on trust and a commitment to transparency.

This requires them to:

• Avoid Self-Dealing: They must never use estate assets for personal gain and must be completely transparent about any potential conflicts of interest.
• Act with Loyalty and Impartiality: Their duty is to the deceased's wishes as outlined in the Will. This means they must remain impartial to all beneficiaries, which is especially critical if the personal representative is also a beneficiary.
• Maintain Confidentiality: They will be entrusted with highly sensitive financial information and must be trusted to handle it with the utmost discretion.

4. Patience and Strong Communication Skills 

Administering an estate is often a long, complex, and emotionally charged process. It requires more than just financial skills; it demands "people skills" to keep the process moving smoothly.

A good representative must be:

• An Effective Communicator: They need to provide clear, regular updates to all parties involved—beneficiaries, the probate court, creditors, and professional advisors. This transparency is the best way to prevent disputes and build trust.
• Diplomatic and Resilient: They must be able to handle potential family conflicts and beneficiary disagreements over asset distribution with grace and patience.
• A Realistic Expectation Manager: They should be upfront about the typical timeline and the legal complexities of the probate process, ensuring beneficiaries aren't left in the dark wondering what's happening.

5. Availability and Commitment 

Administering an estate is a significant time commitment that can take months or even years to fully complete. It can be just as demanding as a part-time job during certain periods.

Therefore, the person you choose must:

• Have the Time and Willingness to Do the Work: They need to be someone who is not already overwhelmed by their own professional or personal obligations. The time commitment is not fair to someone who has to squeeze it in late at night.
• Live in a Manageable Location: While not always a requirement, a local personal representative can often handle tasks like dealing with property, bank visits, and court filings more efficiently and cost-effectively than someone who has to travel from a great distance.

Here is the bottom line: Choosing a Personal Representative is a decision that requires careful thought, not just sentimentality. By selecting a person who embodies these five traits, you ensure your final wishes are handled with the financial prudence, legal integrity, and organizational rigor they deserve.

Thank you for reading.  Remember a blog is not legal advice; it is meant to spark thought and reflection.  It is best to seek legal counsel from an attorney licensed in your home state.  If you found this post helpful, please consider sharing it on your favorite social media platform.  Be well!